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INDEPENDENCE OF THE PEOPLE OF CUBA. 



SPEECH 



OF 



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HON. WILLIAM K MASON, 



11 

OF ILLINOIS, 



SENATE OP THE UNITED STATES, 



Tuesday, April 12, 1898. 



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SPEECH 

or 

HON. WILLIAM E. MASON. 



The Senate having under consideration the joint resolution (S.R.149) for 
the recognition of the independence of the people of Cuba, demanding that 
the Government of Spain relinquish its authority and government in the 
Island of Cuba, and to withdraw its land and naval forces from Cuba and 
Cuban waters, and directing the President of the United States to use the 
land and naval forces of the United States to carry these resolutions into 
effect, reported by Mr. Davis, from the Committee on Foreign Relations- 
Mr. MASON said: 

Mr. President: I should not take any time in the discussion or 
make any remarks upon the message of the President which was 
received yesterday if the Committee on Foreign Relations were 
ready to report. 1 believe the country is anxious that we should 
act promptly. I shall not take one moment of time that seems to 
me ought to be consumed in voting upon the pendmg question, 
nor shall 1 take the time away from any other Senator who de- 
sires to speak upon that subject, for I have already expressed 
myself except upon the questions of law and precedent as they 
were recited yesterday in the Presidents message. 

Mr. President, the great hindrance to civilization has been the ' 
disposition of humanity to fail to take advantage of the experience 
of others. In this great crisis it would seem the part of wisdom 
for one inexperienced in the art of statecraft to see what some 
of the men of ourown country have suggested and stood for under 
similar circumstances. With this thought in view, then, of learn- 
ing from unselfish men who are recorded in the annals of our na- 
tion as great and good, men, inspired with the love of liberty, I am 
sure, Mr. President, i may be forgiven if I appeal to the records 
and to the very words of Henry Clay, and to the records and con- 
duct of the Congress of the United States. 

As before announced to you in language which could not be 
misunderstood, I am for war. and have been since the hour our 
flag was lowered In Havana Harbor and the hves of our citizens 
taken by the Government of Spain. But I am and have been for 
this declaration of war only as a means of securing an honorable 
peace. 

I have no desire to destroy the Spanish nation, but her flag must - 
be dishonored by surrendering her sovereignty over Cuban terri- 
tory as an atonement for lowering our flag, sinking our ship, and 
murdering our men. While I am for war, I realize that I have 
but one poor vote in the war-making power of this Government, 
and I stand ready in this hour to uphold the hands of the Execu- 
tive and take the best I can get. I have been indulging in a hope 
that seemed almost a certainty— that the Executive would recom- 
mend intervention and independence to the Cuban Republic. 
3379 3 



Intervention by force of arms, as recommended by the President, 
is war. To declare for intervention without declaring directly, 
openly, for war seems to lack frankness and savors too much of 
Spanish diplomacy. 

If we can have armed intervention without recognizing the in- 
dependence of Cuba and can have nothing else, I ruust accept the 
will of the majority, reserving to myself the right to respectfully 
protest and also reserving the right to fight for independence for 
the brave men, women, and children in the Island of Cuba. 

That on this line I am following the way blazed by that great 
statesman, Henry Clay, in 1818, and followed by the Congress of 
the United States, will at least excuse me from the charge of self- 
assertion, even if I fail to enlist my colleagues in this cause. 

Mr. Clays speech was delivered March 34. 1818. the House being 
in the Committee of the Whole and having under consideration 
an appropriation bill providing for the support of the Government 
for 1819, Mr. Clay being anxious that our Government should 
recognize the independence of Buenos Ayres and plead for the 
emancipation of South America from the Spanish yoke. Believ- 
ing that to send a minister to Buenos Ayres was the best way at 
that time to acknowledge the independence of Buenos Ayres. he 
offered an amentiment which provided for our sending aniiinister 
to that country. His speech that day deals with the propriety of 
acknowledging the independence of another state: whether it 
should be done in that way and whether it was a usurpation of 
executive function for the legislative branch to speak first. I 
shall quote fully on each branch, and I am content to follow him. 
First, as to our duty in acknowledging independence. Then, as 
now. we were troubled by the cruelties, the barbarities, and 
atrocities of Spain, Then, as now, Spain sought to subjugate 
and rob. " ' •" 

Mr. Clay insisted that if there was an established government 
in Spanish America we were in honor bound to acknowledge it, 
unless we renounced all the principles that had hitherto giiided 
our councils. He clearly demonstrated that the United Provinces 
of the Rio de la Plata possessed such a government. He described 
its boundaries and its people as you would to-day describe the 
Island of Cuba and the brave people wiio have fought for its in- 
dependence. The United Provinces had then, as Cuba has now, 
a lawmaking power: they had. as Cuba has. the power to levy 
and collect taxes. Mr. Clay, in this great speech, read the mes- 
sage of the supreme director, delivered to the congress of the 
United Provinces, which I ask the privilege to insert as'an ajjpendix 
to my remarks. After showing no more soundly organized gov- 
ernment than is shown to-day in the Republic of Cuba, he said: 

Are we net bound, then, upon our own principles, to acknowledge this new 
republic? If we do not. who will? Are we to expect that kings will set us 
the example of acknowledging the only republic on earth except our own? 

But the question is raised that for Congress to vote for the inde- 
pendence of Cuba is an invasion of executive right and preroga- 
tive with which the legislative branch has nothing to do. Again 
I beg the privilege of quoting at length from Mr. Clay, and to 
state that I follow in the path laid out by him. and without any 
trespassing upon Executive functions, and I will show that the Con- 
gress of the United States in 18:56 did the very thing I now favor. 

Mr, President, I shall not take much of the time of the Senate 
this morning, as I am informed that other Senators will speak, in 
3379 



reading the argn men ts made by Mr. Clay in favor of action by the 
legislative branch even l;efore action by the executive branch. 
Although gentlem.en nra^- saj- that the policy and plan suggested 
by Mr. Clay M-as not followed by the Executive or by the Govern- 
ment, yet 1 purpose to show before I take my seat that the Con- 
gress of the United States in the very case cited by the Executive 
ye.sterday did follow the suggestion, and after General Jackson, 
the President of the United States, had stated the impossibility 
of acknowledging the independence of Texas, the Senate of the 
United States did it, and so did the House of Representatives, and 
Jackson followed in less than six weeks by the ai»pointnient of 
representatives from this country to the Republic of Texas. But 
now I am dealing with the argument and not the result. 

Mr. Clay said it remained for liim to defend the proposition which he meant 
to siibmit from au objection, which he had heard intimated, that it interfered 
with the duties assigned to the executive branch. On this subject he telt 
the greatest solicitation; for no man more than himself respected the pres- 
ervation of tlie independence of the several departments of Government in 
the constitutional orbits which were prescribed to them. It was his favorite 
maxim that each, acting within its proper sphere, should move with its con- 
stitutional independence and under its constitutional responsibility, with- 
out iniiuenc« from any other. He was perfectly aware that the Constitution 
of the United States, and he admitted the proposition in its broadest sense, 
confided to the Executive the reception and the deputation of ministers, 
but in relation to the latter operation Congress had concurrent will in the 
power of providing for the iiayment of their salaries. 

I should say to Senators that it is somewhat surprising that he 
did not in this argument call attention to the fact that the Senate 
has to advise in the matter of the confirmation of ministers ap- 
pointed by the Executive. 

The instrument nowhere said or implied that the Executive act of sending 
a minister to a foreign country should precede the legislative act which shall 
provide for the payment of his salary. And, in point of fact, our statutory 
code was full of examples of legislative action prior to Executive action, both 
in relation to the deputation of agents abroad and to the subject-matter of 
treaties. 

Perhaps the act of sending a minister abroad and the act providing for the 
allowance of his salary ought to be simultaneous, but if in the order of pre- 
cedence there were more reason on the one side than on the other, he thought 
it was in favor of the priority of the legislative act as the safer depo.sitory of 
power. When a minister is sent abroad, although the legislature may be 
dispo.sed to think his mission useless, although, if previously consulted, they 
would have said they would not consent to jiay such a minister, the duty is 
delicate and painful to refuse to pay the salary promised to him whom the 
Executive has even unnecessarily sent abroad. 

Mr. C. illustrated his ideas by the existing missions to Sweden and to the 
Netherlands. He had no hesitation in saying that if we had not ministers of 
the first grade there, and if the Legislature were asked prior to sending them 
whether it would consent to pay ministers of that grade, that he would not 
and he believed Congress would not consent to j)ay them. 

If it be urged that by avowing our willingness in a legislative act to pay a 
minister not yet sent, and whom the President may think it imjjroper to .send 
abroad, we operate wpon the President by all the force of our opinion— 

I perhaps ought to have stated, before reading this part of the 
statement of Mr. Clay, that Mr. Clay believed the best way to 
recognize the independence of the new Spanish- American States 
was to add a provision to the bill then pending providing for the 
payment of the salaries of ministers to those countries, and he 
explained why he took that more direct and practical manner of 
legislation instead of ottering, as will be offered here or reported 
from our committee, a direct resolution to that effect — 

It may he retorted that when we are called upon to jiay any minister pent 
under similar circumstances, we are operated upon by'all the force of the 
President's opinion. The true theory of our Government at least supposes 
3379 



that each of the two departments, acting on its proper constitutional respon- 
sibility, will decide according to its best .judgment under all the circum- 
stances of the case. If we make the previous appropriation, we act upon 
our constitutional responsibility, and the President afterwards wiU proce^^d 
upon his. And so if he make the previous appointment. We have a right, 
after a minister is sent abroad and we are called upon to pay him, and we 
ought to deliberate upon the propriety of his mission— we may and ought to 
grant or withhold his salary. If this power of deliberation is conceded sub- 
sequent to the deputation of the minister, it must exist prior to that depu- 
tation. 

Which is simply to say, in other words, that if the power of the 
legishttive branch exists subseqtient it must exist prior to the ac- 
knowledgment of the independence of another State. 

Whenever we deliberate, we deliberate under our constitutional respon- 
sibility. Pass the amendment he proposed, and it would be passed under 
that responsibility. Then the President, when he deliberated on the pro- 
priety of the mission, would act under his constitutional responsibility. 
Each branch of Government, moving in its proper sphere, would act with as 
much freedom from the influence of the other as was practically attainable. 

There was great reason, Mr. Clay contended, from the peculiar character 
of the American Government, in there beinga perfect understanding between 
the legislative and executive branches in relation to the acknowledgment of 
a new power. Everywhere else the power of declaring war resided with the 
Executive. Here it was deposited with the legislature. If, contrary to his 
opinion, there were even a risk that the acknowledgment of a new state might 
lead to war, it was advisable that the step should not be taken without a 
previous knowledge of the will of the war-making branch. He was disposed 
to give to the President all the confidence which he must derive from the 
unequivocal expression of our will. 

This expression , he knew, might be given in the form of an abstract resolu- 
tion declaratory of that will, but he preferred at this time proposing an act 
of pi'actical legislation. And if he had been so fortunate as to communicate 
to the committee in anything like that degree of strength in which he enter- 
tained them, the convictions that the cause of the patriots was .just; that the 
character of the war a.s waged by Spain should induce us to wish them suc- 
cess: that we had a great interest in that success: that this interest as well 
as our neutral attitude required us to acknowledge any established govern- 
ment in Spanish America; that the united provinces of the River Platte was 
such a government; that we might safely acknowledge its independence. 

I reserve the right, in order to shorten the remarks which I 
wish to make this morning, to quote further and to select where 
it seems to be best the arguments of the great American citizen 
upon the suggestions and propositions which I may make in my 
argument. 

Mr. President, I now call attention to the action taken by Con- 
gress in 1836. which shows the action of the Congre.ss of the United 
States, notwithstanding the action of President Jackson (juoted in 
the message, t quote now from the Presidents message of yester- 
day, in relation to the position taken by President Jackson in his 
message to Congress December 21, 1836: 

Thereupon Andrew Jackson proceeded to consider the risk that there 
might be imputed to the United States motives of selfish interest in view of 
the former claim on our part to the territory of Texas, and of the avowed 
purpose of the Texans in seeking recognition of independence as an incident 
to the incorporation of Texas in the Union, concluding thus: 

" Prudence, therefore, seems to dictate that we should still stand aloof and 
maintain our present attitude, if not until Mexico itself, or one of the great 
foreign powers, shall recognize the independence of the new Government, at 
least until the lapse of time or the course of events shall have proved beyond 
cavil or dispute the ability of the people of that country to maintain their 
separate sovereignty and to uphold the government constituted by them." 

I purpose now to show, since the Executive has informed us 
what the executive branch of the Government thought at that 
time, what the legislative branch thought and did on the same 
question. If the Executive feels bound by Executive precedent, 
I must be permitted to feel bound by legislative precedent. 
3379 



President Jackson did issue the message spoken of— and I call 
particular attention to dates — on the 21st day of December, ls;jG; 
yet immediately thereafter a resolution was introduced into the 
Senate of the United States recognizing Texan independence, by 
Robert J. Walker, a United States Senator from Mississippi. 

On the 1st of March, before President Jackson's time had ex- 
pired, that resolution was debated and passed by the Senate of the 
United States, by a vote of 33 to 23, and a motion to reconsider on 
the following day was lost by a tie vote of 34 to 34. 

The House of Representatives immediately made an appropria- 
tion for a diplomatic agent from the United States to the Govern- 
ment of Texas, thereby pursuing the very course suggested by 
Henry Clay in his attempt to recognize in Congress the independ- 
ence of Spanish-American States. 

The last official act of President Jackson, previous to his retire- 
ment from the executive chair, was the nomination of Alcee 
Lablanche as charge d'affaires to the new Republic of Texas. It 
is a historical fact that within a few days thereafter the newly 
accredited ministers from the Republic of Texas were given an 
official audience at the White House, and they were duly recog- 
nized as such ministers by the Republic of the United States. 

I would not wish to suggest that the learned lawyer w^ho fur- 
nished the authorities for this branch of the President's mti-ssage 
was in the least disingenuous, but it is exceedingly unfortunate 
that the mere opinion of the Executive should be cited as a prece- 
dent when as a matter of fact the Government of the United 
States, composed of the executive and legislative branches, did 
set a precedent in absolute conflict with the opinion of President 
Jackson cited in the message yesterday. 

In other w^ords. the message cited yesterday by the present 
Executive from President Jackson was delivered on the 31st of 
December, 183(). and in less than ten weeks after sending his opin- 
ion to Congress he recognized the independence of the Republic 
of Texas by accrediting ministers to and receiving ministers from 
that Republic. 

Mr. HAWLEY. Will the Senator from Illinois permit me to 
ask him a qu&stion? 

Mr. MASON. Certainly. 

Mr. HAWLEY. I do not remember the date of President Jack- 
son's message: was it the 1st of December? 

Mr. MASON. The 21st day of December, 1836. 

Mr. HAWLEY. When did the House pass its vote? 

Mr. MASON. On the 1st of March following, about eight or 
ten weeks thereafter. 

Mr. HAWLEY. About eight or ten weeks thereafter. So 
there was abundant time then for the situation so to change as to 
justify that action. 

Mr. MASON. The time has more than passed 

Mr. HAWLEY, There was abundant time for General Jackson 
to feel justified, even under his own previous argument, that it 
could be done eight weeks later. He may have been unwilling to 
do in December what he was glad to do in March, 

Mr. MASON. Since the Senator insists upon injecting that sug- 
gestion here, did it occur to him, before he asked the question, 
that the present Executive has considered these questions and sent 
in a message denying belligerent rights and refusing to acknowl- 
edge independence more than eight weeks ago, and after he knew 
3379 



8 

the Senate and Honse had by large majorities passed a vote in fa- 
vor of the acknowledgment of both independence and belligerency? 
If eight weeks passed for Jackson, eight months have passed for 
the present Executive; and if there is any comfort to the Senator 
in that situation, he is welcsme to it. 

Mr. President, if those who oppose granting independence to 
Cuba are to be governed by precedent, they are welcome to all 
the comfort they can get when considering the conduct of the 
United States toward the Republic of Texas, not based upon the 
opinion of the President, which he afterwards reversed in carry- 
ing out the will of the legislative branch of the Government. 

Mr. President, it may be well in passing to consider the situ- 
ation of the Republic of Texas when this Government acknowl- 
edged her independence. In the first place, there were but oO,000 
Anglo-Americans, counting men, women, and children, and a 
mixed lot of Mexicans. Indians, and negroes. There are more 
men under anns to-day in the insurgent army in Cuba than there 
were men, women, and children in Texas when we acknowledged 
her independence. 

The total arm}' of the Texas Republic when we handed her the 
jewel crown of independence consisted of less than 800 men. 700 
who had enlisted for the period of the war and 80 who had six 
months to serve at the close of 1836. True, she had some alleged 
war ships, but they were Ij'ing idle for want of funds. Her troops 
had neither flour nor bread. They had ammunition, but were 
without flints. 

Are we to be governed by precedent, Mr. President? Here is 
the struggling Island of Cuba, and it does not seem possible that 
anyone now. after the testimony of our colleague the Senator 
from Vermont as to the high character of the native Cubans in 
revolt against Spain, can doubt the existence of a civil govern- 
ment and the ability of the people there to manage that gov- 
ernment. 

Is it possible that after the evidence has been before us in pub- 
lic documents for more than a year, we have to go through the 
horrible struggle of proving to some of the gentlemen the truth 
of the existence of that government as we did in proving to you 
the horrible situation of the reconcentrados? 

Is the doubting Thomas still among us, and will he insist for 
further proof as to the genuine civil government in Cuba? Will 
be on such pretense make demands and cause delay until the rest 
shall have been starved? If so, I beg him to take Document No. 
19, of the Fif t}--fifth Congress, printed more than a year ago, in this 
Senate, containing 44 printed pages, showing the constitution and 
laws of that rex^ublic. It shows that the president and all of the 
other officers of the government were elected under the constitt>- 
tion and were duly installed; the taking of the census and the 
blanks printed for the same in the government printing office; 
the establishment of public schools and the printing of a spelling 
and reading book, the first book published by the government; 
the appointment of public-school teachers; the instructions for 
the carrying of the mail: the laws for civil marriages, for the levy- 
ing and collecting of taxes, etc. 

Mr. President, it seems almost like insulting the intelligence of 
my colleagues to call attention to that civil government, when it 
is known that through that government they have collected hun- 
dreds of thousands of dollars and maintained a standing army 
3379 





that has kept at bay nearly 000,000 armed and e(iuipped Spanish 
soldiers and has given evidence of as j^reat bravery and endur- 
ance as any army in all the recorded prvst. 

1 beg the privilege of inserting here, as a part of my remarks, in 
order to save the time of the Senate, what I did intend to call the 
attention of the Senate to, the documents, some of them showing 
the existence of the civil government during all these years that 
it has been claimed bv them to have a civil government. 

The PRESIDING- OFFICER (Mr. Gallixger in the chair). 
Without objection, the papers will be printed in the Record. 

The papers referred to are as follows: 

Mr. Davis presented the following p.apers. accompaiiyiner the report sub- 
mitted by Hon. J. D. Cameron, of Pennsylvania, from the Committee on For- 
eign Relations, United States Senate. December :'.l. lfS9ti, on the joint resolu- 
tion (S. R. 1B3) acknowledging the independence of Cuba. 

CIVIL. GOVERNMENT OF THE REPUBLIC OP CUB.\. 

From the very inception of the revolution the Cubans provided for a civil 
power. The Cuban revolutionary party, which prepared and directed the 
movement, was a civil organization headed by Jose Marti, most zealous in 
establishing the paramount influence of the law over the sword. 

General CTomez then and throughout all the revolution has shown him.self 
desirous that the civil authorities should have the supreme power. When 
he and Marti landed, their first aim was to constitute a ])rovisionaI govern- 
ment. Gomez, as well as all the other military leaders, recognized Marti as 
the civil head. After the meeting of Gomez, Maceo, and Marti at Mejoraiia, 
on May i. 189.5, a call for the selection of representatives of the Cuban people 
to form a civil government was made, and Marti and Gomez marched to the 
central provim-es to arrange for this important event. The decrees of that 
time are always signed by both Gomez and Marti. 

The death of Marti postponed for a time the sel^^ction of the representa- 
tives, but in the beginning of September, 1895, the call pi-eviouslj' issued was 
complied with. 

Representatives from each of the provinces of Santiago. Puerto Principe 
Santa Clara, and the western part ot the island, comprising the provinces of 
Matanzasand Havana, making twenty in all, were elected to the constituent 
assembly, which was to establish a civil government, republican in form. 

A complete li-st of the members of the constituent assembly which met at 
Jimaguayu, in the Province of Puerto Principe, on the 13th of September, 
1895, together with an account of its organization and subsequent action, will 
be found in Exhibit 1. printed in the Cuban government printing office, a 
translation of which appears in Senate document, marked B. 

A constitution of the Republic of Cuba was adopted on the 16th of Septem- 
ber, a copy of which will be found in said document, marked B. 

On the 18th of September the following officers of the government were 
elected by the constituent assembly in accordance with the terms of the 
constitution: 

President. Salvador Cisneros Betancourt, of Puerto Principe: vice-presi- 
dent, Bartolome Maso, of Manzanillo: secretary of war, Carlos Roloff, of 
Santa Clara; secretary of the treasury, Severo Pina, of Sancti Spiritus: 
secretary of the interior, Santiago Garcia Canizares. of Rer*;dios: secretary 
of foreign relations, Rafael M. Portuondo. of Santiago de Cttba: subsecretary 
of war. Mario Menocal, of Matanzas: subsecretary of the treasury. Joaquin 
Castillo, of Santiago de Cuba: subsecretary of the interior. Carlos Dubois, of 
Baracoa; subsecretary of foreign relations, Feriuin Valdez Domiuguez. of 
Havana. 

The installation of these officers dtily followed. The election of the gen- 
eral in chief and the second in command, who is to bear the title of lieutenant- 
general, was then had, and resitlted in the unanimous election of Maximo 
Gomez and Antonio Maceo, respectively. 

( )n the same day the constituent assembly elected by acclamation, as dele- 
gate plenipotentiary and general agent abroad of the Cuban Republic, Tomas 
Estrada Palma. The credentials issued to him appear in .said Senate docu- 
ment, marked C. 

Exhibit la is a copy of EI Cubano Libre, dated May 10, 189(5, and contains 
the names of the principal civil authorities of the re])ublic at that date. 

Besides the coriStitution, Exhiliit 1 shows the divisions of tlie provinces 
into prefectures, under the supervision of the secretary of the interior, and 
the duties which devolve in this department are fully set forth in Exhibit B. 
That these prefectures are found throughout the republic can be seen from 
the Spanish official dispatches, which sometimes report their capture. In the 
3379 



10 



prefecture destroyed. 

Exhibit No. 2. Innumeicable instance.? of tlie existence of such prefectures 
throughout Cuba can be presented from official di.spatches of the Spanish 
press. The civil governors discharge their duties in their respective districts 
and have their subordinates and employees. 

Exhibit 2a is a circular of Carlos Manuel de Cespedes, governor of Oriente, 
as to commerce. 

Exhibit 3 is an extract from La Republica Cubana of December 3, which 
publishes an official list of the officers of the civil government of the State of 
Oriente, the same as the Province of Santiago de Cuba, on November 1, 1896, 
and Exhibit 8a is a circular of the civil governor of the State of Camaguey, 
■which is the same as the Province of Puerto Principe. In the Boletin de la 
Guerra, official paper of the republic, published in Puerto Principe, of the 
10th of September. 1896, Exhibit 4, under the heading " Civil governor," an ac- 
count is given of the resignation of the governor. 

In Exhibit No. 1 can also be found the other matters pertaining to the 
secretary of the interior, such as workshops, manufactories, coast inspectors, 
and post-office, and regulations for the said State manufactories can be seen 
in Exhibit No. 5, dated July IS. 1896. 

An envelope marked Exhibit No. 6, addressed to the civil governor of the 
State of Oriente, Carlos Manuel de Cespedes, shows the seals of the post-offices 
and the perfect system of posts. It also has an extract of the regulations of 
t]je 8th of March, 1896, as to the mail. A translation accompanies .said exhibit. 
A set of stamps has been issued by the republic. 

As to advertisement of dead-letter office, Exhibit .5 has a decree of Septem- 
ber 3, 1896, of the civil government of the east. A translation is accompanied, 
marked Exhibit 6a. 

The census is being taken in the different States: a blank for the same, 
printed in the government printing office, shows part of the work in the sub- 
prefecture of Cayo Rey, prefecture of La Sierra, district of Mayari, State of 
Oriente, Exhibit No. 7. 

Exhibit No. 8 shows that Ernesto Fonts Sterling was appointed on the 7tli 
of July, 1896, by the government council, subsecretary of the interior, owing 
to the absence of Dr. Joaquin Castillo. 

Public schools have been established; a primer for spelling and reading is 
the first book published by the government. Exhibit No. 9 is the appoint- 
ment of a public school-teacher on May 30, 1896. Exhibit No. 1(1 is also of the 
interior department, and contains the insti-uctions to the prefects and rules 
of the mails. 

The laws providing for civil marriage are in Exhibit No. 1. 

In this same exhibit the laws for the organization of the public treasury 
are found, as well as instructions to the officers of that department. A blank 
used in the reports of the subdelegates of the treasury department is shown 
in Exhibit No. 11. A circular dated May 9, 1896, given by the secretary, 
Severo Pina, as to the withdrawal of cattle from the republic, is published 
in La Republica, of Santa Clara, issue of the 1st of July, makes Exhibit No. 
13. Other circulars of the treasury department can be seen under Exhibits 
Noa 13a and 13/). 

Taxes are collected, not only in Cuba, but by orders of the secretary of the 
treasury. Payments are made to Benjamin J. Guerra, the treasui-er of Cuba, 
in New York; his books can be seen, as well as the confidential orders of the 
department. El Imparcial, of Madrid, Spain, of the 35th of November, 1896, 
publishes a letter of the loth of September, 1896, to the secretary of the treas- 
ury, giving an account of the sums paid to the Republic of Cuba by sugar 
planters through well-known bankers in New York, as well as other items 
amounting to hundreds of thousands of dollars. The mere perusal of this 
letter shows how the property owners recognize the Cuban Republic. 

A translation accompanies Exhibit No. 13. In this exhibit there is also the 
salaries paid the army fixed by the government council. 

Exhibit No. 13o. It is a well-known fact that General Wevler has not 
allowed any grinding of sugar this year, because he claimed that the Cubans 
were paid by the plantei-s. Exhibit V.lh refers to this matter and regulates 
it. Exhibit No. V-k' is the resolution of the government imposing exporta- 
tion tax on lumber. 

The nature of the communications of the Cuban state department does not 
allow the use of its documents, but it can be affli*med that the secretary of 
state is in constant communication with the agent of the republic abroad and 
its minister plenipotentiary, Tomas Estrada Palma. During a leave of ab- 
sence the secretary. Rafael M. Portuondo, was in this country and was met 
by many officials, Senators, and Representatives. 

Exhibit No. 14, dated June 3!t. 189ti, .«hows how Dr. Eusebio Hernandez tem- 
porarily substituted him. A few months ago the secretary of foreign rela- 
tion?, together with the President, sent a public appeal to the republics of 
3379 



11 

Spanish America in which they clearly and eloquently laid before the world 
the rights of Cuba. 

The war dexiartment has efficiently operated during the year. In the files 
of the Cubano LiVire the military regulations have been published. Exhibit 
No. 15 shows the appointnient of Rafael Manduley on the 21st of May, 1890, in 
place of Mario ileiiocal. as subsecretarj-. 

The civil government has been in actual operation since its election. Ex- 
hibit No. 1 shows an extract of the sessions of the government council up to 
October 25. iSl^o. Exhibit 15« is an extract of the sessions of November and 
contains the power given to Tomas Estrada Palnia as delegate of the re- 
public. It would be a task indeed to print all the resolutions and decrees it 
has passed as to the different branches of the government and general af- 
fairs. Exhibit No. 16 shows the laws for the sanitary corps of the Cuban 
army, drawn by Dr. Sanchez Agramoute, head of the "department, and ap- 

S roved by the government council, under date of March 31, 18915. Exhibit 
To. 17 is a decree as to military rank passed by the government council on 
the 2iith of May, 1890. Exhibit No. 18 in Exhibit No. i contains several reso- 
lutions passed on the 13th of July. 1890. as to freedom of speech, proposed 
laws for the judiciary, and the one prohibiting the sugar crop for 1890-97. A 
translation of the latter accompanies the exhibit. It is to be noted in this 
last one that it is to be communicated to the general in chief, being a war 
measure, for its fulfillment. The mere reading of this document proves the 
subserviency of the military to the civil power of the republic. 

Exhibit No. 22 proves that the civil government was in the exercise of all 
its functions when the Cuban army captured the important town of Guai- 
maro. It is a vote of thanks given to Gen. Calixto Garcia by the govern- 
ment council. 

The last document is dated the 21st day of November, 1896, and is a copy 
of a military order of Maj. Gen. Francisco Carrillo, commanding the Province 
of Santa Clara. From it it can be seen that he recognizes a supreme author- 
ity—the government council of the republic. It is Exhibit No. 2:}. The 
originals of all these exhibits, in Spanish, are on tile in the Committee on 
Foreign Relations of the Senate. 

Mr, MASON. Mr. President, but tii^on the question of precedent 

^ I do not stop here. I have one which I must cite which will stir 

"^ the patriotism of every American who reads it. In the dark daj-s 

,' of our Republic we had but one hope, and that was from France. 

We were without money and almost without friends. In France 

the ([uestion was discussed whether to recognize our independence 

or not. 

In 1777 Benjamin Franklin was informed (I quote from Ban- 
croft's History of the United States, page 245, volume 5) " that the 
King in council had determined not only to acknowledge the 
United States, but to support their cause, and thatin case Englatid 
should declare war against France on account of this recognition 
(which they afterwards did), he would not insist that the Ameri- 
cans should not make a separate peace, but only that they should 
maintain their independence." 

General Washington wrote to Benjamin Franklin (I quote from 
the Life of Benjamin Franklin, by Parton, volume 2, page 390): 

"We must have one of two things — peace or money from France. 

There we were, proposing by act of Congress to pay our debts — 
40 Continental dollars for si of debts; the Continental Congress, 
the Continental army, and Washington himself discredited; sur- 
rounded by aliens and enemies in the field, and even worse ene- 
mies—the Tories and peace-at-any-price men — in the colonies. 

But France said: '-I will not simply intervene and send my 
troops and ships to help you. but I will do more. I will acknowl- 
edge you before the worid as a free and independent sovereignty." 
Inthat hour of our extremity when we asked for recognition of 
our independence, France not only loaned us money every year, 
but gave it as a free and generous present to assist us in our 
struggle. 
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But gentlemen will say that the recognition of onr independ- 
ence bj' France was in violation of the cruel and musty rules of 
international law; that it was an exception to the established rule. 

It may have been, for I have announced it as one of the fixed 
facts that no strong nation ever robbed a weak nation that did 
not find a precedent in international law. It may be that when 
France acknowledged our independence, when our credit wag 
gone, when we were surrounded by enemies at home and abroad, 
it broke a precedent: but if so. ,O.UO0.OO0 people ought to get 
down on their knees and thank God tor the exception and for the 
breaking of the precedent. Whenever we liave followed that 
precedent, as we did in the case of Texas, we have done wisely 
and well, and whenever we have failed to follow that precedent 
which M'as plead for by Henry Clay in 1818, we have been mis- 
taken in our judgment. 

But gentlemen may sjiy, and truly, perhaps, that France hated 
England and loved us enough to take the chances of war in that 
declaration. I answer that the people of the United States, in my 
humble opinion, since the murders in Cuba of the reconcentrados 
and the murder in Havana harbor of American citizens, hate 
Spain and love Cuba enough to take our chance. 

Mr. President, all powers in the Executive the exercise of which 
may lead to war are niost carefully exercised by the executive 
branch unless the will of the war-making power is known to the 
Executive. It then clearly follows that it is the dutj' of the legis- 
lative branch of Government to inform the Presiclent as to its 
wishes upon all questions the decision of which may lead to war. 
To illustrate: This branch of Congress declared two years ago in 
favor of acknowledging the belligerent rights of the Cuban insur- 
gents or the Cuban Republic. There are times when the acknowl- 
edgment of belligerent rights may be held to be a cause for war, 
although the general rule is that the acknowledgment of bellig- 
erency is not casus belli. 

During the past year the President has considered the question 
of acknowledging the belligerent rights of the Cubans. Was it 
not well that in the hour of consideration he knew what this 
branch of the Government thought of this ciuestion? The ac- 
knowledgment of the independence of one State by aiiother is 
under some circumstances made a cause for war. If the Execu- 
tive hesitates to take that step at present, will he not be jjleased, 
in consideration of the step, to be informed in respectful language 
of the wish of this branch of the Government':' My contention, 
as a lawyer, is that the power to declare war having been fixed 
in Congress, it necessarily gives Congress the power to do and 
perform any act which under the law of nations may lead to war. 
This does not in any way limit or abridge the executive power to 
do some thingsindependently of the legislative power which under 
the law of nations may be held to be a cause for war. 

But, Mr. President, why talk of Presidential functions or legisla- 
tive functions? We are to-day one people, one country, and one 
flag. I have no disposition to trespass either here or elsewhere 
upon the Executive prerogative. I have made this argument sim- 
ply to show that I believe the honor of our country and the abso- 
lute independence of the present republic in Cuba are linked 
together forever and for all time, and my suggestion upon that 
point is this: What is our principal cause or complaint':' The 
sinking of the ship Elaine'/ Why was she sunk? No one who 
3379 



13 

has read the evidence, unless he is seeking for some excuse, it seems 
to me, but admits it was a Spanish explosion that sank our ship. 

Why did Spain sink our ship by the explosion of her mineV Be- 
cause the American heart went out to the struggling people of 
Cuba and we expressed ourselves in the pulpit and in the press 
and in the Senate and in the House in favor of independence of 
that young republic, and it was revenge against the American 
people, and by that act of war and that act of vengeance they 
have coupled the independence of Cuba forever with the honor of 
this country. 

But it is claimed — and this seems to be a conclusive argument 
with some of the distinguished gentlemen with whom I have 
talked — within the tenor of the message and by those who support 
the withholding the declaration of independence for Cuba that 
this acknowledgment is a most solemn thing, and a step when 
once taken can not be retracted, and that the deed once done can 
never be undone by the Groverntnent of the United States, and that 
it might build up a weak and iinpertect government in Cuba. 
That that proposition is untenable, unsound, and unworthy of dis- 
cussion IS proven by a mere recitation of the i^resent situation — the 
proposition being that it would not do to establish an independent 
government in Cuba now until we are better advised, because it 
is such a solemn dei^laration that we would be forever estopped 
from questioning the sovereignty it creates. 

I say it answers itself by a recitation of the present situation. 
For a hundred years we have stood for the sovereignty of Spain 
in Ciiba. Our Presidents and Secretaries of State have gone so 
far as to cover the sovereignty of Spain in Cuba by the protecting 
wing of the Monroe doctrine, and it has been the announced prin- 
ciple of our Presidents and Secretaries of State for a century that 
no one should trespass upon Cuba; that we would sustain the 
sovereignty of Spain in Cuba by force of arms, and that Spain 
should "never part with her sovereignty except she parted with it 
on account of the insurgents conquering their own independence 
or unless she sold the island to us. 

But to-day. with a hundred years of acknowledgment of sover- 
eignty of Spain in Cuba, the President of the Unned States, and 
verj- properly— and I honor him for it — says to the world, " Your 
sovereignty in Cuba is at an end; " and yet those who withhold the 
jeweled crown of independence from Cuba tell us that we may 
dishonor and tear down the sovereignty of Spain, which we have 
admitted for a hundred years, but if once there is established 
a republic in Cuba by our consent we will he forever estopped if 
they make a failure of government or establish a government of 
cruelty and crime, a government that does not make for civiliza- 
tion. 

It will not do to tell TO, 000,000 intelligent people that you can 
question the sovereignty of Spain when you have admitted it for 
a hundred vears. but that if you establish a republic in Cuba your 
hands are forever tied, and that if the Island of Cuba, managed 
by a republic, is as guilty of the crimes and the horrors which have 
been carried on by the Spanish Government, we have not the same 
right under the divine thought of intervening for the sake of 
humanity to intervene against a republic that we have to-day to 
intervene against the established sovereignty of Spain in that 
island. 

We may deceive ourselves, but the people understand some- 
thing about these questions, and it will be difficult to get them to 
3379 



14 

think or believe that after we have acknowledged the sovereignty 
of Spain for a hundred years and to-day refuse it, if to-morrow 
the independency of Cuba was to carry on a government by force, 
by fraud, by crime, by murder upon little chiklren, we would not 
have the same right to intervene along the lines of humanity 
against a republic as we now intervene against a monarchy. 

Mr. President, I am for the acknowledgment of the independ- 
ence of Cuba now — not maiiana, not to-morrow, not next week, 
but as soon as we can have a chance to vote, and I shall briefly 
state my reasons. 

I fully agree with the statement in the message of the President 
that independence must come to the island, but mj' difference 
with the doctrine as presented is merely one as to the question of 
time. 

I do not see how we can be honest and frank with ourselves, 
how we can be consistent with other nations of the world, unless 
the first step is to acknowledge the independence of the estab- 
lished government in Cuba, a government which has sustained 
itself for three years against the assaults of nearly 200,000 Spanish 
soldiers, a government that has levied and collected its taxes, sup- 
ported its schools, arms, e([uips, and maintains a standing army, 
and, better and above it all, have imitated our fathers in declar- 
ing for independence or death. Our honor and Cuban independ- 
ence are linked together forever. 

Suppose France had started out to help us without acknowledg- 
ing our independence. With what suspicion would we have re- 
garded her conduct? France had agreed to enter into a treaty 
with us by which she not only recognized our independence but 
guaranteed our independence before England declared war upon 
us. Suppose Lafayette when he came to our rescue had served 
notice upon us that later on the French people would decide 
whether they would recognize the Continental Congress and the 
Continental Army or whether they would recognize the Tories and 
the peace-at-any-price men to remodel the Government. Would 
not the patriots have looked upon them with suspicious eye? And 
would they not have had good grotmds to suspect that our success 
meant simply a change of masters? 

It was the Continental Congress, George Washingion, and the 
Continental Army that conquered the independence of the United 
States of America, and it is the army of Gomez and the Repulilic 
of Cuba that will conquer her own independence on that unhappy 
island. In the dark hour of our distress, thank God, no nation 
intervened to punish England, or to measiire our territory for their 
use or select some plan for us under the domination of a French 
rule and under some scheme whereby the investors of France might 
not lose money unwisely invested but punished us by withholding 
from us the crown of independence. Lafayette came with his 
men and ship, but sought no titled deeds to our land for the 
majesty of France. Are we to march on to Cuba with our glori- 
ous colors proclaiming to the world that we intervene in the in- 
terest of humanity, and carry behind our wagon trains a corps of 
civil engineers to survey her lands for our profit? Are we, at the 
close of the nineteenth century, with a million church spires 
pointing to the sky, dedicated to the Nazarene, to send our troops 
to plaj' the part of the Good Samaritan before all the nations of 
the world, carrying a bag under our coat wherein to deposit the 
profits of the trade? 
3379 



15 

The brilliant orator from Iowa said the other day in the House 
that— 

Hovei'ing above the dark waters of that mysterious harlx)r of Havana, the 
blark-wiiis?ed vulture watches for the Ijelated dead, while over it aud over 
all there is the eagle's piercing eye sternly watching for the truth. 

Mr. President, is it to continue to be an eagle, or is the avarice 
and greed of the nation to cause it to descend and partake of the 
vultures food? 

Do you remember Perez, the military prostitute sent by the 
distinguished and mild-mannered Blanco to seduce Aranguren 
with money to sell his men? Do you remember what he wrote to 
Aranguren? He said, in substance, "Aranguren. you maj' just as 
well sell out now, because the Yankees are hogs, and after you 
have conciuered Spam you must reconquer your independence 
against 70,000,000 hogs." Was he right? 

Mr. President, are we going down on the white- winged errand 
of mercy concealing, under one wing a daybook and a journal and 
under the other unsigned bonds? Are we to forget our citizens 
who went down in the harbor of Havana in our greed for gold 
and territory? Are we to leave the door open to compel additional 
terms from the insurgents who sacrificed their wives, their children, 
and their homes? Do we wish special treaties of commerce and 
leave the door open for that? Do we wish to relieve some Ameri- 
can investors who have bought Spanish bonds and who wish to 
trade them for the bonds of the republic? Do we. worse still, 
wish to leave the door open to compel those brave men and women 
to accept some terms of autonomy or to pay blood money to the 
Spaniard or the shylocks of our own land? 

You say no. Then I say close the door. It can be done by the 
acknowledgment of the independence of Cuba to-day. We do 
not guarantee independence. We do not guarantee the success of 
the reign of the republic. 

We do not assume or become morally responsible for her con- 
duct among the nations of the world. Biit by intervention you 
do. Intervention without the acknowledgment of independence 
will not do. You assert yourself as dictator of the island, and 
you put j^our open Treasury in the broad sunlight to respond to 
the demands, financial, moral, physical, and in every other way, 
for the conduct of that island when we intervene by force and 
take possession against all comers. 

I for one am not ready to do that unless compelled by circum- 
stances which I can not control, I hope and pray you may vote 
for independence for Cuba now; and by that acknowledgment we 
say to her, " We hold you responsible for the conduct of the is- 
land. If you give no better government to the people than that 
given by Spain, the right to intervene still exists in the United 
States of America; but if you, who amidst the carnage of war 
and death have achieved your own independence, are true to 
the declarations of your constitution, the overshadowing wing 
of t]).e Monroe doctrine shall shield you and the United States of 
America will protect you forever. " 

31r. President, I have been told and led to believe that, as a 
rule, at the close of life and the approach of that change which 
we call death, when nature ceases to struggle against nature and 
there is no more pain, there is given to each parting soul a moment 
that is absolutely serene. According to the statement of our own 
3379 



16 

colleagues and well-informed physicians, nearly twenty-five out of 
evtry hundred of the reeoncentrados are marked for death. I 
appeal for them to the Executive, and to the legislative branch of 
Government as well. Driven and scourged and starved like dogs, 
they all have hope still for their day of emancipation. 

May I be forgiven if I express the hope that the heart of the 
Executive may be touched in their behalf? May we not hope that 
their last, lingering look of lile be not with suspicion and hatred 
upon your flag and mine; that it may not rest upon the hated 
color of the yellow flag of Spain, but that in their rapt and part- 
ing moments they may be soothed and sustained by the sight of 
their own flag— the flag with a single star— the flag of the Repub- 
lic of Cuba? 
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